' MUHAMMAD RAZA KHAN, J.--- The petitioner Ikram Ullah has been charged for murder vide F.I.R.
No,483 dated 13-2-2006 of Police Station Nawan Shehr, Abbottabad. Faqir Hussain, complainant, had lodged the report with that his son (deceased Abdul Malik) had been killed by accused Akram Ullah by hitting him on the head with a knuckle duster. The petitioner was arrested. His application for bail was declined by the learned Judicial Magistrate on 15-2-2007 and a similar application was rejected by the learned Additional Sessions Judge-III, Abbottabad on 27-1-2007. Hence, this petition for bail.
2. I have listened to the arguments on behalf of the petitioner, the complainant and the State.
3. The record has been examined in the light of the said arguments. There is no doubt that there was 2-1/2 hours delay whereas distance between the place of occurrence and the police station was 3 or 4 kilometer and it is also fact that the complainant has not witnessed the occurrence himself. Moreover the petitioner is allegedly juvenile and certain affidavits have been produced by defence to show that the deceased received the injury on the head by falling down on the ground and not by knuckle duster.
4. However, the hard fact in the case is that a young boy has died because of the irresponsible act of the petitioner and the eye-witnesses Awais and Sarni Ullah have confirmed the mode of occurrence. A single accused has been charged and the delay could neither cause fabrication of evidence nor consultation and counselling for false charge. The tender age of the accused, particularly when he is more than 15 years old, will not grant him a licence to kill.
5. It was argued that in view of section 306, P.P.C., read with section 308, P.P.C. The " Qisas cannot be imposed and the only punishment which could be awarded was Diyat, and therefore, the bail could not be refused. This argument does not support the contention on behalf of the accused/petitioner for bail because in addition to Diyat, punishment could also be awarded as Tazir.
6. The learned counsel for appellant referred to cases reported in 1998 M LD 1994, 2000 MLD 1566 and 2000 MLD 1817, from Lahore jurisdiction, where the tender age was considered to be sufficient ground for releasing the accused on bail by holding that the accused had not attained sufficient maturity to know the consequence of a particular act. However, with due deference, it may be placed on record that the said observation may not be true to the youth our rural society. In this part of the country, youngsters of 15/16 years are fully competent to use deadly weapons like pistols, guns and kalashnikovs. After the enforcement of Juvenile Justice System Ordinance it is being gradually injected into the tender minds of the young lads to commit the crimes, as capital punishment could not be awarded to them irrespective of the number of crimes and the nature thereof. This is likely to encourage the criminal tendencies in the young generation. They are being used for committing crimes by mafia. Thus, the society, which was already suffering from acute Law and Order situation, shall be put to more difficult challenges by the criminal acts of the youngsters, called juveniles. The frustrated youth facing adverse financial conditions, shall easily be misled by the criminals to attain their evil designs. While foreseeing the growing criminal tendencies by the waiver of capital punishment, one can expect any irresponsible act from such youngsters. However, if the said concession is further extended, by liberal interpretation of the legal provisions and they are also released on bail merely on the ground of tender age, the statistics of the crimes committed by the juveniles shall grow manifold. The deterrence in law normally helps in the development of a sense self-restraint. The uncontrolled liberation from deterrence naturally encourages the rash and irresponsible behaviour.
7. We cannot compare ourselves with the liberal interpretatipn of juvenile law in the progressive societies where the State has ensured the facilities of education, health and social security to every citizen, especially to the younger generation. Whereas we have given unemployment, frustration, insecurity and discrimination to the citizens, resulting in their retaliatory and reactionary attitude.
8. The petitioner in this case was student of a school as well as a student in Dar-ul-Uloom acquiring religious education but the unrestrained conduct of using a unconventional weapon against his fellow student resulting in his unfortunate death, speaks volumes about the fabric of society, with such youngsters being in thousands. The knuckle duster was not an ordinary weapon nor it could be acquired conveniently. The possession of such a device with the petitioner indicated pre- planning and preparation for the commission of the offence. While consuming all the soft words in our vocabulary in favour of the accused during the treatment of their bail petitions and trials, we should not forget the agony suffered by the victims and their families.
9. Without prejudice to the result of the trial after recording the evidence I find no force in this petition for bail, which is hereby dismissed. The learned trial Court may, however, expedite the trial of the case.